Austin v. Premo

On petitioner’s appeal from the post-conviction court’s judgment denying post-conviction relief on petitioner’s claim of inadequate and ineffective assistance of counsel, respondent Superintendent of the Oregon State Penitentiary (“the state”) has moved under ORS 138.660 to summarily affirm. The state’s motion raises the issue of whether an appeal as a whole fails to present a substantial question of law when the trial court’s decision rested on two independent grounds and the petitioner’s brief fails to raise a substantial question of law as to both grounds. Specifically, the question is…